자동차소유권이전등록절차이행청구의소
1. The defendant,
A. As to the motor vehicles listed in the separate sheet from the Plaintiff, it is based on sale and purchase on February 7, 2018.
1. Basic facts
A. On February 7, 2018, the Plaintiff sold a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant for KRW 3,500,000 (hereinafter “instant sales contract”), and received full payment from the Defendant.
B. On February 3, 2018, the Plaintiff first delivered the instant automobile to the Defendant, and around February 9, 2018, sent all documents necessary for the transfer of ownership to the Defendant, and received them by the Defendant around that time.
C. Meanwhile, on November 20, 2018, the Plaintiff paid an administrative fine of KRW 900,000 for the violation of the Guarantee of Automobile Accident Compensation Act imposed on October 8, 2018 on the instant automobile.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the cause of the claim, the defendant is obligated to take over the transfer registration procedure for the instant motor vehicle based on the instant sales contract to the plaintiff, and the defendant's delivery of the instant motor vehicle defines "operation of the motor vehicle according to the usage of the relevant device, regardless of whether people or goods are transported," and the use of the relevant motor vehicle according to the usage of the relevant device refers to the use of various devices installed in the structure according to the usage of the relevant motor vehicle for each device. It includes the use of various ancillary devices, such as opening and closing a door in the state of parking or stopping, even if the motor vehicle is not in the state of driving, even if it is not necessarily in the state of driving.
(see, e.g., Supreme Court Decision 93Da595, Aug. 23, 1994). A fine for negligence that occurred during a period of time is liable to pay to the defendant. Thus, it is from February 16, 2019, which is the day following the delivery date of a copy of the complaint of this case, paid by the plaintiff to the plaintiff.